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TINJAUAN YURIDIS TERHADAP PENYELESAIAN KREDIT MACET AKIBAT WANPRESTASI NASABAH PADA PT BPR BERKAH (PERSERODA) PANDEGLANG Mohammad Hifni; Irwan Sapta Putra; Mochamad Reggy Syah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.922

Abstract

Banks (BPR), and can significantly impact a bank's financial health and business continuity. PT BPR Berkah (Perseroda) Pandeglang experienced a sharp increase in its gross NPL ratio—rising from 7.53% in 2024 to 13.74% as of May 2026—far exceeding the 5% maximum limit set by the Financial Services Authority (OJK). This study aims to analyze the mechanisms for resolving non-performing loans and the factors causing customer default, as well as to provide a legal review of these resolutions based on the Indonesian Civil Code (KUHPerdata) and Law Number 10 of 1998 concerning Banking, as amended by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK). The study employs an empirical legal research method with a qualitative approach—utilizing interviews, observations, and document analysis—with data validity verified through triangulation techniques. The findings indicate that PT BPR Berkah (Perseroda) Pandeglang resolves non-performing loans through non-litigation channels (persuasive collection, warning letters, and loan restructuring via rescheduling and reconditioning) before resorting to litigation involving collateral execution. Factors causing default in the Working Capital Loan sector include the diversion of funds (*side-streaming*), poor cash flow management, and external business risks; meanwhile, defaults in the Consumer Loan sector are triggered by policies cutting Civil Servant (ASN) Income Improvement Allowances (TPP) and a decline in the debtor's good faith. From a legal perspective, these non-performing loan resolutions align with the principle of *pacta sunt servanda*, the provisions regarding default in the Civil Code, and applicable banking prudential regulations.
TINJAUAN YURIDIS TERHADAP PERAN NOTARIS DALAM PEMBUATAN AKTA PERSEROAN TERBATAS DI KOTA SERANG (STUDI KASUS DI KANTOR NOTARIS HEMI MARIHOT GOLDIFIRST NAINGGOLAN, S.H., M.KN) Irwan Sapta Putra; Mohammad Hifni; Charles Frisheldy Nainggolan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.923

Abstract

A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that must be established via an authentic deed drawn up by a notary, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 2 of 2014 concerning the Office of Notary. In practice, various issues persist—such as incomplete documentation, errors in founder data, and obstacles regarding the use of the Online General Legal Administration (AHU) system—which have the potential to give rise to legal consequences. Therefore, the role of the notary is crucial in providing legal certainty and guaranteeing the validity of the Limited Liability Company's deed of establishment. This study aims to analyze the notary's role in drafting Limited Liability Company deeds based on the Law on the Office of Notary and the Law on Limited Liability Companies; to analyze the notary's legal liability regarding deeds containing errors or legal defects; and to identify the obstacles faced by the notary during the deed drafting process at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn., in Serang City. The research employs an empirical legal research method with a normative-juridical approach. Data were obtained through literature reviews, interviews, and observations at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn. Subsequently, the data were analyzed qualitatively with reference to statutory regulations concerning the office of notary and the establishment of Limited Liability Companies. The research findings indicate that the notary plays a strategic role as a public official authorized to draft authentic deeds, provide legal guidance, verify document completeness, and ensure that all requirements for establishing a Limited Liability Company comply with applicable legal provisions. The study also reveals that a notary may be held administratively, civilly, or criminally liable if proven to have committed negligence in the exercise of their authority. The challenges encountered include incomplete documentation from the founders, errors in identity data, regulatory changes, and technical issues with the AHU Online system.
TINJAUAN YURIDIS TERHADAP PELAKSANAAN DENDA ATAS KETERLAMBATAN PEMBAYARAN UPAH BERDASARKAN PERATURAN PEMERINTAH (PP) NOMOR 36 TAHUN 2021 Mohammad Hifni; Irwan Sapta Putra; Nanda Wulan Syfani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.924

Abstract

The problems in this study are: First, How is the implementation of wage fine payments to employees based on Government Regulation Number 36 of 2021 concerning Wages at PT. Lung Cheong Brothers Industrial Serang, Banten?; Second, What are the inhibiting factors?;The objectives of this study are: First, to find out the implementation of the regulation; Second, to describe the inhibiting factors; Third, to explain efforts to overcome obstacles to its implementation. Research methods: First, sociological legal research; Second, the research location is PT Lung Cheong Brothers Industrial; Third, the population and samples come from sources relevant to this study; Fourth, the data sources used are primary, secondary, and tertiary; Fifth, data collection techniques are observation, non-structural interviews and literature reviews; Sixth, the data analysis used is qualitative analysis by drawing conclusions inductively. The results of the study show that the implementation of wage fine payments to employees at PT Lung Cheong Brothers Industrial has not run as it should. This was proven by the delay in payment of wages to employees in August 2025 accompanied by the company's failure to fulfill its obligation to pay wage fines.